RISHI MEHTA,MUMBAI vs. ITO 10 (1)(4), MUMBAI

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ITA 1726/MUM/2019Status: DisposedITAT Mumbai31 August 2021AY 2011-123 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal permitted the withdrawal of the appeals as the dispute had been settled under the Direct Tax Vivad se Vishwas Act, 2020. The Departmental Representative had no objection to the withdrawal.

What were the facts?

The assessee filed appeals against orders passed under section 143(3) read with section 147 and section 263 of the Income Tax Act for assessment year 2011-12. The assessee subsequently sought withdrawal of the appeals.

What were the issues?

Whether the appeals can be withdrawn due to settlement under the Vivad se Vishwas Act. The primary issue was the settlement of the dispute under the Vivad se Vishwas Act.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCHES “D”, MUMBAI

Before: SHRI SAKTIJIT DEY (JM) & SHRI RAJESH KUMAR (AM)

Hearing: 31/08/2021Pronounced: 31/08/2021

PER SAKTIJIT DEY, JM Captioned appeals by the same assessee, are against two separate orders, one passed by learned Commissioner of Income Tax (Appeals)-17, Mumbai dated 25.02.2019 while disposing of assessee’s appeal arising out of assessment order passed under section 143(3) read with section 147 of the Act Assessment Year: 2011-12 for the assessment year 2011-12 and second one is against order dated 29.03.2019 passed by the Principal Commissioner of Income Tax- 10, Mumbai under section 263 of the Act for the very same assessment year.

2.

When the appeals were taken up for hearing, no one was present for the assessee. However, assessee has furnished letter dated 27.03.2021 seeking withdrawal of the appeals, as, the dispute arising in the appeals have been settled under the Direct Tax Vivad se Vishwas Act, 2020 with the issuance of Form-5 by the designated authority.

3.

The learned Departmental Representative has no objection to withdrawal of the appeals by the assessee.

4.

In view of the facts discussed above and considering assessee’s request, we permit withdrawal of the captioned appeals. Accordingly, appeals are dismissed as withdrawn.

5.

In the result, both the appeals are dismissed. Order pronounced in the open court on 31st August, 2021. (RAJESH KUMAR) JUDICIAL MEMBER

म ुंबई Mumbai; दिन ुंक Dated: 31/08/2021

Alindra, PS Assessment Year: 2011-12

आदेश प्रतितिति अग्रेतिि/Copy of the Order forwarded to : 1. अपील र्थी / The Appellant प्रत्यर्थी / The Respondent. 2. 3. आयकर आय क्त(अपील) / The CIT(A)- 4. आयकर आय क्त / CIT 5. दिभ गीय प्रदिदनदि, आयकर अपीलीय अदिकरण, म ुंबई / DR, ITAT, Mumbai 6. ग र्ड फ ईल / Guard file.

आदेशानुसार/ BY ORDER, सत्य दपि प्रदि //// उि/सहायक िंजीकार (Dy./Asstt.

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